Police say a mother is facing a child endangerment charge after her toddler found a gun in her purse and accidentally fired it in a southern Ohio Walmart store last week
If you go with that reading, then one could argue that the 2nd amendment doesn’t require the allowance of privately owned/held firearms at all, but would be satisfied by state, and/or local governments organizing their own “militias”, with arms purchased, stored and controlled in much the same way as our national military does, but managed by said militia organization. In such a reading, banning the private ownership and use of firearms could conceivably be enacted without running afoul of the second amendment.
I’m not saying that I propose this or that I think it’s a good idea, just that one could make the case.
2008: “Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and use it for lawful, historically established situations such as self-defense in a home, even when there is no relationship to a local militia.”
2010: “The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.”
2016: “The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”
2022: "New York’s requirement that an applicant for an unrestricted license to “have and carry” a concealed pistol or revolver must prove “a special need for self-protection distinguishable from that of the general community” is unconstitutional.”
If you go with that reading, then one could argue that the 2nd amendment doesn’t require the allowance of privately owned/held firearms at all, but would be satisfied by state, and/or local governments organizing their own “militias”, with arms purchased, stored and controlled in much the same way as our national military does, but managed by said militia organization. In such a reading, banning the private ownership and use of firearms could conceivably be enacted without running afoul of the second amendment.
I’m not saying that I propose this or that I think it’s a good idea, just that one could make the case.
That’s where the current Supreme Court comes in:
2008: “Private citizens have the right under the Second Amendment to possess an ordinary type of weapon and use it for lawful, historically established situations such as self-defense in a home, even when there is no relationship to a local militia.”
https://supreme.justia.com/cases/federal/us/554/570/
2010: “The Due Process Clause of the Fourteenth Amendment extends the Second Amendment’s right to keep and bear arms to the states, at least for traditional, lawful purposes such as self-defense.”
https://supreme.justia.com/cases/federal/us/561/742/
2016: “The Second Amendment covers all weapons that may be defined as “bearable arms,” even if they did not exist when the Bill of Rights was drafted and are not commonly used in warfare.”
https://supreme.justia.com/cases/federal/us/577/14-10078/
2022: "New York’s requirement that an applicant for an unrestricted license to “have and carry” a concealed pistol or revolver must prove “a special need for self-protection distinguishable from that of the general community” is unconstitutional.”
https://supreme.justia.com/cases/federal/us/597/20-843/